Note: This notice revokes and replaces the notice dated 16 July 2021 and published in the New Zealand Gazette, 23 July 2021, Notice No. 2021-ln3091.

Notice is hereby given that the Minister for Land Information proposes to take under the Public Works Act 1981 the land described in the First Schedule (“Land”) and the leasehold estate (“Lease”) over the land described in the Second Schedule (“Lease Land”) on the terms set out in the Third Schedule.

The Land and the Lease are required for construction of the State Highway 3 Mt Messenger Bypass Project (“Project”). More particularly, the Land and the Lease are required for the functioning indirectly of a road. Part of the Land is required for road and State highway and part of the Land is required for stormwater ponds. The Lease is required to allow for temporary occupation during construction of the Project.

The Project is required to cater for increasing traffic volumes and to improve the safety and efficiency of State Highway 3.

The owners of the Land and Lease Land and those persons with a registered interest in it have been served with notice of the Minister for Land Information’s intention to take the Land and the Lease and notified of their right to object.

Any other person having the right to object may send a written objection to the Registrar, Environment Court, 5th Floor, District Court Building, 49 Ballance Street, Wellington 6011, or by post to DX SX11154, Wellington, within 20 working days after the date of publication of this notice.

If any objection is made in accordance with this notice a public hearing will be held with the right of the objector to appear and be heard personally unless the objector otherwise requires and each objector will be informed of the time and place of the hearing.

Any person requiring further information in respect of this advice should contact Ken Billing, The Property Group Limited, Level 7 TSB Bank Tower, 7–21 Fitzherbert Avenue, Palmerston North 4410. Postal Address: PO Box 12066, Palmerston North 4444. Telephone: (06) 834 1232.

Taranaki Land District—New Plymouth District

First Schedule

Second Schedule

Third Schedule

Terms and Conditions

Purpose for which the Lease is required:

The Lease is required to allow the Crown to occupy the Lease Land during the construction of the Project. The Lease Land will be used for operation of a site office, site yards and laydown areas, access to construction sites and for improvements to the existing road, drainage improvement works and for such other purpose or purposes reasonably required for construction of the Project.

Terms of the Lease:

1. For the purpose of the Lease any reference to the Crown includes its employees, engineers, assistants, consultants, contractors and authorised invitees.
2. The Lease will commence on the 14th day after publication of a proclamation taking the Land and the Lease in the New Zealand Gazette, and terminate on that date four years thereafter (Term).
3. The registered owner will be entitled to receive a current market rent for the Term, such rate to be determined by a registered valuer and agreed between the parties or otherwise in accordance with the Public Works Act 1981 at the commencement of the Lease.
4. The Crown may, on the giving of written notice to the registered owner, extend the Term for two further periods of one year should the Project not be completed by the expiry of the original Term. The current market rent will be reviewed at the time the registered owner is given notice of any such extension.
5. Notwithstanding the Term created, the Crown may terminate the Lease at any time by giving the registered Owner one month’s notice in writing.
6. The Crown will have the right to occupy the Lease Land for the Term and for the avoidance of doubt such right will include the right to enter and re-enter the Lease Land at all times, with or without such vehicles, machinery or materials for the purpose set out in the notice.
7. The Crown will have the right to remove any improvements located on the Lease Land. The Crown will take all reasonable steps to minimise damage to the Lease Land arising from the Crown’s occupation under the Lease and/or the execution of construction of the Project.
8. Prior to commencement of the Project the Crown will erect a temporary fence for the period of construction of the Project to provide adequate security to the balance of the property.
9. The Crown will take reasonable steps to provide access to the balance of the registered owner’s land during the period of construction.
10. The Crown will at the expiration of the Term, or any extended period taken in accordance with the Lease, remove all debris arising from the Crown’s occupation under the Lease together with any temporary fences required to be erected by the Crown on the Lease Land during the Lease. The Crown will otherwise reinstate the Lease Land to a condition generally in keeping with the character of the Lease Land prior to entry, taking into account works the Crown is authorised to undertake under the Lease. The Crown will complete such work in a good and professional manner.
11. Clauses 4, 5, 6, 10, 11 and 12 of Part 2 and clause 13 of Part 3 of Schedule 3 of the Property Law Act 2007 are excluded from the Lease.

The Land and Lease Land are located at 3072 Mokau Road, Urenui.

Dated at Wellington this 2nd day of August 2021.

Hon DAMIEN O’CONNOR, Minister for Land Information.